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Salim v Petro Soko (K) Limited (Environment & Land Case E085 of 2024) [2025] KEELC 3474 (KLR) (29 April 2025) (Ruling)

[2025] KEELC 3474 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3474
Citation
[2025] KEELC 3474 (KLR)
Decided
29 April 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEnvironment and Land CasePostureJoinder ApplicationCoramFM NJOROGE
Holding

The application is allowed, and the applicant, now an interested party, is ordered to file and serve its reply to the application dated 20/8/2024 within 7 days from the date of this order.

Facts

The plaintiff, Asha Kamene Salim, claims to have advanced the defendant, Petro Soko (K) Limited, Kshs 55,600,000 secured by a legal charge over the suit properties. The defendant defaulted on a loan facility, leading to the applicant's statutory power of sale. However, a status quo order barred the applicant from realizing its security.

Issues

  1. Whether Ecobank Kenya Limited should be joined as an interested party
  2. Whether the applicant has an interest in the suit properties

Reasoning

The court found that the applicant has an interest in the suit properties and that the application has merit.

Outcome

The application is allowed.

Orders

  • The applicant, now an interested party, is ordered to file and serve its reply to the application dated 20/8/2024 within 7 days from the date of this order.
  • Ruling on the application dated 20/8/2024 shall be delivered on 20/5/2025.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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